| People v Diaz |
| 2019 NY Slip Op 01426 [169 AD3d 1059] |
| February 27, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York, Respondent, v JoseL. Diaz, Appellant. |
Del Atwell, East Hampton, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), forrespondent.
Appeals by the defendant from two judgments of the County Court, Dutchess County (Edward T.McLoughlin, J.), both rendered September 9, 2016, convicting him of sexual abuse in the first degreeunder superior court information No. 167/15 and criminal sexual act in the first degree under superiorcourt information No. 161/16, upon his pleas of guilty, and imposing sentences.
Ordered that the judgments are affirmed.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal. That valid waiverforecloses review of the defendant's nonjurisdictional challenge to the sufficiency of the factualallegations of superior court information No. 161/16 (see People v Carter, 147 AD3d 1514, 1515 [2017]; People v Lanfair, 18 AD3d 1032, 1033[2005]). Also foreclosed is the defendant's claim that his sentences are excessive (see People v Lopez, 6 NY3d 248,255-256 [2006]). Finally, the defendant's contention that he received ineffective assistance of counsel isforeclosed by his waiver of the right to appeal, except to the extent that the alleged ineffectiverepresentation may have affected the voluntariness of the defendant's pleas of guilty (see People v Amay, 156 AD3d 895,895 [2017]). The defendant's contention that his attorney's conduct affected the voluntariness of hispleas of guilty is without merit (see People vColeman, 164 AD3d 518, 519 [2018]). Balkin, J.P., Chambers, Cohen and Miller, JJ.,concur.